Breastfeeding and public policy

Contributed by Nicole Stork-Hestad, UK Graduate Student

I once overheard a conversation at a high school basketball game involving the mother of a newborn and an older gentleman, both of which were “feeding.” The gentleman was enjoying a hot dog and nachos, while the mother had just begun breastfeeding her infant. The gentleman was apparently appalled; so much so that he remarked to the mother, “You shouldn’t do that out here! It’s indecent. Why don’t you go on back to the bathroom and do that.” To which the mother replied, “When you eat your dinner in the bathroom, so will my baby.”

There are a lot of negative opinions about mothers who breastfeed in public, most of which can be summed into one word, “shouldn’t.” One article states that there are several reasons for this the discriminations: (1) Breastfeeding is inherently sexual due to breast exposure, (2) Breastfeeding is a form of exhibitionism/attention-seeking, and (3) Breastfeeding is unnecessary; bottle feeding is just as good and does not expose anything.

However, this article always commends those state legislations that are starting to disagree and admit their recognition of the rights of both mother and child to breastfeed in public. Hence, breastfeeding has become a legal issue. “When breastfeeding women leave their homes and attempt to integrate breastfeeding into their public and professional lives, they face barriers to breastfeeding that require legal protection” (Shelton, 1995-1996, p. 180).

The article states that legislative support is shown through implementation of three underlying laws: (1) Exemptions of breastfeeding as public nudity or indecent exposure, (2) Permission for mothers to breastfeed in any authorized setting, and (3) Protection of rights to breastfeed through civil rights remedies. The bill concerning the reprimand for those who interfere with a mother breastfeeding in authorized public domains shows that Kentucky is behind mothers and their children, supporting both their health and their rights.

The article does give a word of caution. Most of the amendments made to support breastfeeding mothers in public and professional settings have crafty wording, stating the mothers have the right to breast their “infant” or “baby.” State citizens need to be aware of the law wording, and the effects it has on a mother wanting to continue breastfeeding her toddler or preschooler. It also warns that mothers relying only on the federal laws of breastfeeding for protection could encounter problems and limitations from private employers and property owners because the law does not extend to them.

While breastfeeding is less discriminated against and more protected than it was, further action is necessary. The article points out that, while laws are empowering women to breastfeed in public domains, accommodations for breastfeeding, or even breast pumping, are still very limited, especially in the workplace. While legally exempt from prosecution, and even legally allowed to bring suit against any interfering persons, accommodation for breastfeeding (i.e. a clean environment, a private/designated area, and time to do so) are still very much lacking. There is still room for improvement in this matter; a battle has been won, but the war for breastfeeding continues.